Il risarcimento del danno alla persona presso il Tribunale di Genova

The current damage-compensation system is characterized by the need of a greater protection of the individuals' physical and mental health, leaving the judge the task of establishing the real impact of the injury and toprovide a full refund for it. The <<personalized compensation>> principle, which has been strongly espressed by the United Sections of the Supreme Court, requires specific medico-legal attention to the increased severity of the damage on individuals with pre-existing concurrent and/or co-existing disabilities. All this aimed at giving much more significance to the percentage of disability related to its intrinsic characteristics. In this sense the authors underline the introduction, in the Genoa Court, of the so-called <<differential damage>> parameter which is considered more respectful of geometrical, and not purely arithmetical, progression of the permanent disability and thus the only one able to restore properly the hurt of a further disability estabished on a previously compromised anatomical and functional situation.